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October 18, 2023
CPA2023008
Page 1 of 1
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 18, 2023
Case #/Title:
CPA2023008 – NEC 355th Ave. & Van Buren Street
Supervisor District:
4
Applicant/Owner:
Zachary Pebler, Zackary A. Pebler, PLLC. / Mangat Investment, LLC
Request:
Comprehensive Plan Amendment (CPA) to change the land use
designation in the Tonopah-Arlington Area Plan from Rural
Densities (0-1 d.u/ac) to Industrial. CPA case approval is by
Resolution.
Site Location:
Generally located at the NEC of 355th Ave. and Van Buren St. in the
Tonopah area
Site Size:
Approximately 154 acres
County Island Status:
N/A
Additional
Comments:
There is no known opposition and no outstanding concerns from
county reviewing agencies. The Industrial land use designation is
intended for either light industrial and support uses or heavy
industrial and support uses of similar type, and developed under a
coordinated plan with integrated infrastructure, and is appropriate
for this site because of the proximity to Interstate-10 near the
Wintersburg Rd. interchange. An associated rezone case to change
the zoning district from Rural-43 to IND-1 is on this agenda
(Z2022110). CPA case approval is by Resolution, attached.
Commission
Recommendation:
On 9/14/23, the Commission voted 5-0 to adopt a motion
recommending the Board of Supervisors approve CPA2023008.
Presented by:
Paola Jaramillo, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
9/14/23 P&Z Packet (29 pages)
9/14/23 PZ Handout memo (2 pages)
Resolution (2 pages)
Note:
9/14/23 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
CPA2023008
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
CPA2023008 - NEC 355th Ave. & Van Buren Street
Hearing Date:
September 14, 2023
Supervisor District:
4
Applicant:
Zackary Pebler, Zackary A. Pebler, PLLC.
Owner:
Mangat Investment LLC
Requests:
General Comprehensive Plan Amendment (CPA) to change the land use
designation in the Tonopah-Arlington Area Plan from Rural Densities (0-1)
to Industrial.
Site Location:
Generally located at the NEC of 355th Avenue and Van Buren St. in the
Tonopah Area
Site Size:
Approx. 154 Acres
Density:
N/A
County Island:
No
County Plan:
Tonopah/Arlington Area Plan – Rural Densities (0-1)
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve
CPA2023008
Page 2 of 7
Project Summary:
1.
The applicant is requesting a Comprehensive Plan Amendment (CPA) to change the land use
designation in the Tonopah-Arlington Area Plan from Rural Densities (0-1 du/ac) to Industrial. The
site is located at the northeast corner of 355th Ave. and Van Buren St. in the Tonopah area 1½
miles south of interstate 10. The site consists of 154 acres adjacent to two arterial roadways, The
nearest freeway interchange is located two miles northeast at 339th Ave which access Van Buren
St. east of the site. In addition to the CPA, the applicant is requesting a zone change from Rural-
43 to IND-1 (Case #Z2022110), which is being heard on this same agenda.
2.
The subject site is currently undeveloped. The CPA is being requested to allow the applicant to
seek zoning for a future outdoor storage facility or other IND-1 industrial use that can function
without a public sewer system. The applicant applied for this CPA request on April 13, 2023
followed by a Technical Advisory Committee (TAC) meeting on May 16, 2023.
2023 Aerial Image
CPA2023008
Page 3 of 7
Zoning Map
Land Use Exhibit
CPA2023008
Page 4 of 7
3.
The narrative provided for CPA2023008 asserts that the proposed development meets the
comprehensive plan amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is
note solely for the good or benefit of a particular landowner or owners at a particular point in time.
The applicant states in the narrative that the amendment will be an overall improvement to the
Comprehensive Plan because the Industrial designation will allow for uses to develop that would
provide a significant positive impact at the local and regional level. The subject site is near the
future Interstate-11 corridor making the area a good location for freeway-oriented services,
distribution facilities, and truck services/storage.
Whether the amendment will adversely impact all or a portion of the planning area by.
A. Altering acceptable land use patterns to the detriment of the plan
The applicant states that the land use patterns will not detrimentally affect the plan because
majority of the land within a 2-mile radius of the subject site will remain Rural Densities (0-1
du/ac. The proximity of the subject site to the I-10 makes an ideal spot for a distribution center
due to the easy access to the I-10 distribution corridor.
B. Requirement public expenditures for larger and more expensive public improvements to roads,
sewer, or water systems that are needed to support planned land uses.
All cost associated with any larger or more expensive infrastructure required due to the site’s
development shall be borne by the developer.
C. Requiring public improvements to roads, sewer, or water systems that are needed to support
planned uses.
All public improvement costs associated with the development; including those for roads,
sewer systems, and water systems; shall be borne by the developer.
D. Adversely impacting planned uses because of increased traffic.
The applicant notes that the proposed CPA will create additional traffic in the area primarily
along Van Buren Street, connecting the site to the I-10 at Wintersburg Road to the west and
339th Avenue to the east. There are two major access points to the I-10, naturally half the
traffic from the proposed project would travel west and the other half will travel east. The
influx of traffic will have very little impact on the sparsely development surrounding area, as
there is nearly zero development adjacent to the subject site.
E. Affecting the livability of the area or the health or safety of present and future residents.
The applicant notes that their proposal will comply with all necessary safety and health
protocols and have no negative social, visual, traffic, air quality, water quality impacts or other
adverse impacts with a negative effect on the livability, health or safety of the area.
F. Adversely impacting the natural environment or scenic quality of the area in contradiction of
the plan.
CPA2023008
Page 5 of 7
The applicant’s narrative states that any development will adhere to any regulations
associated with the Arizona Game and Fish Department (AZGFD) and Arizona State Historic
Preservation Office (AZSHPO). The developer will coordinate with state agencies regarding
any comments received at the time of construction permitting. The applicant also notes any
plants will be salvaged, relocated, or removed in adherence to native plant laws. The
development is not expected to have an impact on surrounding views and the applicant noted
no known substantial flood zones, historic washes, or natural water systems on the subject
property.
Whether the amendment is consistent with overall intent of the Comprehensive Plan.
The narrative notes consistency with the intent of the Comprehensive Plan by stating that
modifying the subject site’s land use designation as there is several instances of industrial
designated land existing directly adjacent to Rural designated land, and that there is a large
portion still available for future rural development.
The extent to which the amendment is consistent with the specific goals and policies contained
within the plan.
The narrative states that the subject site meets the following foals and policies of the
Tonopah/Arlington Area Plan and Vision 2030 Maricopa County Comprehensive Plan. The
applicant’s narrative report provides details about how this project intends to meet these goals
and policies.
Tonopah Arlington Area Plan
Land Use Element – Goal, Objective L.1, Objective L.3
Transportation Element – Goal, Objective T.1
Environment Element – Goal, Objective 1, Objective 2, Objective 3
Economic Development Element – Goal, Objective 1, Policy ED1.7
Vision 2030 Maricopa County Comprehensive Plan
Land Use Element – Goal 1, Policy 17
Transportation Element – Goal 2, Goal 4, Policy 2, Policy 9
Environment Element – Goal 1, Policy 2
Economic Growth Element – Goal 1, Policy 3, Policy 5, Policy 6
Cost of Development Element – Goal 2, Policy 1
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Natural desert
North:
Rural-43 / Natural desert
South:
Rural-43 / Single-family residences and natural desert
East:
Rural-43 / Single-family residences and natural desert
West:
Rural-43 / Natural desert
CPA2023008
Page 6 of 7
Utilities and Services:
5.
Water:
Global Water Resources
Wastewater:
Private septic system
School Districts:
Saddle Mountain Unified School District
Buckeye Union High School District
Fire:
Arizona Fire & Medical Authority
Police:
MCSO
Right-of-Way:
6.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
355th Ave.
40-feet
TBD
Principal Arterial
Van Buren St.
40-feet
TBD
Principal Arterial
Roosevelt St.
0-feet
TBD
Collector Street
351st Ave.
0-feet
TBD
Collector Street
Adopted Plan:
7.
Tonopah/Arlington Area Plan (adopted September 6, 2000): This area plan designates the site
as Rural Densities (0-1 du/au) that denotes areas where single-family residential development is
desirable but urban services are limited. Suitability is determined on the basis of location, access,
existing land use patterns and natural man-made constraints. Use in this category include
agricultural and single-family residential.
Public Participation Summary:
8.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners within 300 feet
of the subject site and area interested parties concurrently with the zoning change request
(Z2022110). Signs were posted on the site in accordance with applicable regulations. Staff
received a Public Participation Results report in accordance with County requirements. To date,
staff has not received any letters of support or opposition concerning this comprehensive plan
amendment request.
Outstanding Concerns from Reviewing Agencies:
9.
N/A.
Staff Analysis:
10.
Staff supports the request for a comprehensive plan amendment as the proposed land use
designation of Industrial is appropriate for the site, south of Interstate 10 near the Wintersburg
road interchange. The uses conceptualized by the applicant correspond most appropriately with
the Industrial designation which allows general warehousing, storage, distribution activities, and
general manufacturing. Staff notes that the Tonopah/Arlington Area Plan specifically states that
the Wintersburg Interchange and its vicinity should favor housing development. At this time,
CPA2023008
Page 7 of 7
however, urban services (most notably, water and wastewater) are not sufficiently available in the
in the area to support significant residential development. The proposed Industrial designation
will not encourage residential development (though it will not necessarily discourage
development either). Furthermore, it would allow for the zoning necessary for future industrial
development.
11.
The request is consistent with the Urban Services for Urban Development concept of the
Comprehensive Plan. The proposed land use and zone change request (Z2022110) create an
environmentally efficient development for new urban development demonstrating urban services
and infrastructure will be available to serve the surrounding residents and businesses. Staff’s
position is that this project, as proposed represents proper long-term land use planning in the
region and for Maricopa County as a whole.
Recommendation:
12.
Staff recommends the Commission adopt a motion recommend that the Board of Supervisors
approve CPA2023008.
Presented by:
Paola Jaramillo, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Application Form (1 page)
Land Use Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (14 pages)
MCESD comments (2 page)
Engineering comments (3 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 153.05 approx.
Generated September 5, 2023 1:06 PM
CPA2023008
Application Name:
Legal Description
355th Ave. & Van Buren EDR
Applicant
Case Address
T01N R05W 6,
Zachary Adam Pebler
Applicant Phone/Email
Parcel Primary:504-11-012
480.321.8146
zapebler@aol.com
Map scale 1:6,566
Supervisor District No.
CPA TO CHANGE THE LAND USE DESIGNATION LISTED IN THE TONOPAH/ARLINGTON AREA FROM
RURAL DENSITIES (0-1) TO INDUSTRIAL.
Planning & Development Department
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003
P: 602.506.3301
Comprehensive Plan Amendment Application Packet
3/6/23
COMPREHENSIVE PLAN AMENDMENT APPLICATION
APPLICATION MUST BE COMPLETED IN FULL
Major CPA (>640 acres)
General Comprehensive Plan Amendment
CPA Modification of Condition(s)
APPLICATION MUST BE COMPLETED IN FULL AND ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE.
REQUEST
Project Name:
Description of Request:
Current Land Use:
Proposed Land Use:
Supervisor District:
PROPERTY INFORMATION
General Location (include nearest City/Town):
Gross Acres:
Legal Description:
Section:
Township:
Range:
Assessor’s Parcel Number/s:
OWNER’S AUTHORIZED AGENT INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax#:
E-mail Address:
PROPERTY OWNER INFORMATION
Name:
Contact:
Address:
City:
State:
Zip:
Phone #:
Fax #:
E-mail Address:
VERIFICATION OF APPLICATION INFORMATION - Signature required
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in
reliance upon the truthfulness of these statements may be revoked or rescinded.
Owner or Authorized Agent Signature:
Date:
CASE INACTIVITY
Cases which are not active within six (6) months will be considered inactive and closed by staff. A letter addressing the inactivity will be
sent to the owner’s authorized agent or property owner with notification of the case to be closed within thirty (30) days. To pursue
entitlement after the closing of the case, a new application and associated fees will need to be filed.
355th Ave. & Van Buren
Comprehensive Plan Amendment to change the land use designation in the Tonopah/Arlington Plan from Rural Densities (0-1) to Industrial.
Rural Densities (0-1)
Industrial
District 5
Northeast corner of 355th Avenue and Van Buren Street, Tonopah
153.00
Deed with legal description provided in submittal.
6
1 North
5 West
504-11-012
Zachary A. Pebler, PLLC.
Zack Pebler
3100 W. Ray Rd. #101
Chandler
AZ.
85226
(480) 321-8149
zapebler@aol.com
Parminder "Tony" Singh
623-764-3057
7138 N. 110th Ave.
Glendale
AZ.
85307
(623) 932-4344
tony@mangatinvestments.com
DocuSign Envelope ID: 4862AF32-544D-46FA-9149-8887B9CF6DEF
8/16/2023
355TH Ave. & Van Buren
COMPREHENSIVE PLAN AMENDMENT NARRATIVE
An approximate 153-acre Industrial Development
Northeast corner of 355th Avenue and Van Buren Street
April 11, 2023
Revised: May 17, 2023
Case # CPA2023008
(accompanied by Z2022110)
355TH Ave. & Van Buren
Maricopa County, Arizona
CASE# CPA2023008
SUBMITTED TO:
Maricopa County Planning and Development Department
301 W. Jefferson St.,
1st Floor, Suite 170
Phoenix, Arizona 85003
PREPARED FOR:
ZACHARY A PEBLER, PLLC
3100 W. Ray Rd. #101
Chandler, Arizona 85226
PREPARED BY:
535 E. McKellips Rd.
Suite 131
Mesa, Arizona 85203
Telephone: 602.997.9093
Contact: Nick Adamson, RLA
PROJECT TEAM
Property Owner
MANGAT INVESTMENT, LLC.
c/o Parminder “Tony” Singh
7138 N. 110Th Ave.
Glendale, Arizona 85307
Property Owner’s Representative
Zachary A. Pebler, PLLC.
3100 W. Ray Rd. #101
Chandler, Arizona 85226
Land & Landscape Planning
McGough Adamson
Nick Adamson, RLA
David Russell, Planner
535 E. McKellips Rd.
Suite 131
Mesa, Arizona 85203
TABLE OF CONTENTS
1.
Executive Summary ..................................................................................................................... 1
A.
On-site and Regional Location ........................................................................................... 1
B.
Comprehensive Plan Amendment Size and Description .................................................... 2
C.
Transportation and Circulation .......................................................................................... 2
D.
Suitability With Surrounding Uses ..................................................................................... 3
2.
Overall Improvement to Comprehensive Plan ............................................................................ 3
3.
Adverse Impact to Comprehensive Plan ..................................................................................... 4
4.
Consistency With Overall Intent of Comprehensive Plan ............................................................ 6
5.
Consistency With Comprehensive Plan Goals and Policies ......................................................... 6
A.
Tonopah/Arlington Area Plan ............................................................................................ 6
B.
Maricopa County Vision 2030 Comprehensive plan .......................................................... 8
FIGURES
Figure 1
Aerial Vicinity Map
Figure 2
Existing and Proposed Land Use Map
1
1. Executive Summary
On behalf of MANGAT INVESTMENT, LLC., submits this narrative and related exhibits requesting a
Comprehensive Plan Amendment to change the land use designation in the Tonopah/Arlington Area
Plan from Rural Densities 0-1 to Industrial. 355th Ave. & Van Buren (the Project or Property) is an
approximate 153.05-acre vacant desert parcel located in unincorporated Maricopa County (MC or the
County), Arizona, at the northeast corner of 355TH Avenue & Van Buren Street. More specifically, the
site is within Section 6, Township 1 North, Range 5 West, of the Gila & Salt River Meridian, Maricopa
County, AZ. The site is bounded to the north by vacant desert and bounded to the east by
predominantly vacant desert land and a few rural residential parcels. The site is bounded to the south
by Van Buren Street, and to the west by 355th Ave.
A. On-site and Regional Location
The Property consists of one contiguous parcel, identified on the Maricopa County Assessor map
as 504-11-012, within unincorporated Maricopa County. Apart from minor dirt paths and natural
drainage channels, the overall site is relatively flat, with no significant elevation changes or rock
outcroppings. Within the Vision 2030 CP the more specific Tonopah/Arlington Area Plan
establishes the site’s designated land use as ‘Rural Densities 0-1. The site is zoned Rural 43 (RU-
43) through the County. Refer to Figure 1, Aerial Vicinity Map for project location.
FIGURE 1 – AERIAL VICINITY MAP
2
B. Comprehensive Plan Amendment Size and Description
The proposed amendment seeks to modify the land use designation of the entire 153.05-acre site,
from “Rural” to “Industrial”. The Property’s current land use designation, “Rural”, denotes areas
where single family residential development is desirable but urban services (sewer, water, law
enforcement, fire protection, schools, parks, etc.) are limited. The “Industrial” land use
designation identifies locations for major employment centers. Uses permitted in this category
include general warehousing, storage, distribution activities, and general manufacturing. 355th
Ave. and Van Buren proposes a development able to accommodate warehousing, storage,
distribution, and/or general manufacturing. Refer to Figure 2, Existing and Proposed Land Use
Map for a depiction of the proposed land use modification.
FIGURE 2 – EXISTING AND PROPOSED LAND USE MAP
C. Transportation and Circulation
The Project is located approximately 1 mile south of Interstate 10. This portion of Interstate 10 is
a heavily trafficked distribution corridor, connecting New Mexico, Arizona, and California.
Proximity to Interstate 10 make it a logical location for industrial development. The Maricopa
County Major Streets and Routes Plan designates the sites southern and western boundaries, Van
Buren Street and 355th Avenue, respectively, as Principal Arterial roadways. The Principal Arterial
roadway cross sections calls for a full right-of-way of 150’ (75’ half right-of-way). To allow the
roadways to fully develop, the Project dedicates 75’ of half right-of-way for 355th Avenue and Van
Buren Street. Primary access is planned to come from 355th, connecting the site to Interstate 10.
Additional access will come from Van Buren Street.
3
D. Suitability With Surrounding Uses
Apart from existing right-of-way, there is no existing development directly adjacent to the Project.
The table below, Table 1 – Surrounding Land Uses, outlines current land uses surrounding the
Project.
TABLE 1 – SURROUNDING LAND USES
Direction
Jurisdiction
Comprehensive
Plan Designation
Existing
Zoning
Existing Use
Project
Site
Maricopa
County
Rural
RU-43
Vacant Desert
North
Maricopa
County
Rural
RU-43
Vacant Desert
East
Maricopa
County
Rural
RU-43
Vacant Desert &
Residential
South
Maricopa
County
Rural
RU-43
Residential &
Vacant Desert
West
Maricopa
County
Rural
RU-43
Vacant Desert
(State Trust Land)
2. Overall Improvement to Comprehensive Plan
The proposed Comprehensive Plan Amendment for 355th Ave. and Van Buren improves upon the
current Comprehensive Plan. The portion of Interstate 10, approximately 1 mile north of the Project,
is a significant link of the distribution corridor connecting New Mexico, Arizona, and California.
According to ADOT’s 2019 Interstate 10 Western Connected Freight Corridor, Volume 1: Improvement
Strategies, up to 30% of the daily traffic through this area is semi-trucks. The sites proximity to this
distribution corridor makes it an appealing location for future industrial businesses reliant upon
distribution logistics. With the potential to develop as a distribution center, the Project could create
significant positive impacts for the local area and region at large. In 2022 the U.S. Chamber of
Commerce published the report “The Community Economic Impact of New Distribution Centers”
explaining the impacts of new distribution centers (DC’s) on communities. The U.S. Chamber of
Commerce article “New Distribution Centers Raise Tax Revenue for their Communities” distills the
report’s findings. The article and report conclude that “communities experience significant economic
benefits from getting a new distribution center (DC) in their areas.” Some of the key findings from the
report are as follows:
For workers, each year on average - over the 20-year lifespan of a new DC- a new DC in a particular
metropolitan statistical area (MSA):
•
Creates and sustains 5,100 new jobs;
•
Expands the labor force by more than 3,500 workers;
•
Increases incomes by $500 million; and
4
•
Grows salaries and wages by $360 million, equivalent to raises of 1.8% for all workers in the
region.
•
For every job created directly by a new DC, there are an additional 0.7 jobs created in the
MSA.
The table below shows a breakdown of the job and labor market growth following the introduction
of a new DC.
Average Job and Labor Market Growth Created by a New Distribution Center (All MSAs)
Jobs Created
in the DC
Extra Jobs Created
Outside of a New DC
Total New Jobs Created
by the New DC
Growth in Labor
Force
All MSA's
3,000
2,111
5,111
3,557
*Average sustained job creation over 20-year life span of a new Distribution Center.
Not only does a new distribution center create more jobs for the overall metropolitan statistical area,
the new jobs bring wage increases. According to “The Community Economic Impact of New
Distribution Centers” report, overall, “the salaries and wages of all workers rise when a new DC enters
an MSA. On average, they rise 1.8% annually for the 20-year life of the DC. This means that in any
given year in the 20- year period workers’ salaries and wages will be almost 2% higher than they would
have been had a new DC not entered the MSA.” For metropolitan statistical areas with a population
under 250,000 the salary and wage increase has been shown to be as high as 6.1% after a new DC is
introduced.
Finally, water infrastructure improvements will inevitably be improved as a result of the Amendment
to the Comprehensive Plan. The property owner has obtained a Will Serve Letter from Global Water
– Belmont Water, to bring a water service line from the east down Van Buren Street about ¾ of a mile
to the Project. In the near term, Global Water is working with Parcels 504-12-007 & -008 to service
this planned industrial project. Upon infrastructure extension completion to there, it enables the
water infrastructure to extend to the proposed Project. Refer to Figure 3, Conceptual Site Plan for a
conceptual depiction of the potential future development.
3. Adverse Impact to Comprehensive Plan
The following specifics outline whether the amendment will adversely impact all or a portion of the
planning area by:
•
Altering acceptable land use patterns to the detriment of the plan.
Altering the current land use patterns will not detrimentally affect the plan. The
overwhelming majority of land within a 2-mile radius of the Project is still designated as
Rural (0-1 densities). Modification of the Project’s land use designation from Rural to
Industrial will have little impact on the total amount of Rural designated land available.
The Project’s location, approximately 1 mile south of I-10, makes it an ideal spot for a
distribution center due to easy access to the I-10 distribution corridor. Land closer to I-10
5
still remains available for future development such as commercial/retail that makes the
most sense being closer in proximity to I-10.
•
Requiring public expenditure for larger and more expensive infrastructure.
All costs of larger and/or more expensive infrastructure required shall be borne by the
owner or developer.
•
Requiring public improvements to roads, sewer, or water systems that are needed to support
the planned land uses.
All costs of public improvements to roads, sewer or water systems that are needed to
support the site shall be borne by the developer.
•
Adversely impacting planned uses because of increased traffic.
The proposed CPA will likely create additional traffic in the area. Added traffic will likely
come primarily along Van Buren Street, connecting the site to I-10 at Wintersburg Road
to the west and 339th Avenue to the east. The influx of traffic will have very little impact
on the sparsely developed surrounding area. Given there are two major access points to
I-10, naturally ½ the traffic from the project would go one way and the other the other
half, depending on a west destination or an east destination. Currently there is nearly
zero development adjacent to the Project. Along Van Buren Street across from the
Project, there are only 5 parcels or ranchettes along Van Buren Street. These 5 rural
residential parcels will likely see the greatest impact over any other surrounding parcels.
These rural residential parcels currently account for very few daily vehicle trips along Van
Buren Street, making any traffic influx caused by the Project insignificant. It is also worth
mentioning that there is already an industrial zoned land presence on Van Buren Street
just east of the site on the south side of the road ¾ mile away. It is anticipated this site
will develop prior to the proposed Project so our submittal will not be the initiator of
industrial traffic (regardless of how little or large). Given the location of the other
industrial zoned land, it would be natural for their produced traffic to head west in front
of the proposed site and continue on to Wintersburg Road to travel west on I-10.
•
Affecting the livability of the area or health or safety of present and future residents.
Health and safety of future residents will not be adversely impacted. The Project will
comply with all necessary health and safety protocols required for development.
Roadway expansion and improvements will also provide added safety by limiting traffic
conflicts. Most important, the CPA will allow the Project development which has a Will
Serve Letter for development; water infrastructure development improvements will be
inevitable for current and future residents in an area without any.
•
Adversely impacting the natural environment or scenic quality of the area in contradiction to
the plan.
The Project is not designated as open space or a scenic corridor. Therefore, the proposed
CPA does not contradict these designations. Future development will not obstruct any
scenic views, as the site is surrounded by vacant desert land on the north and west,
primarily vacant desert to the east, and rural residential parcels to the south. Any plants
required for salvage will be relocated in accordance with native plant laws. Any required
native wildlife preservation shall be adhered to. The project will adhere to regulations set
6
forth by Arizona Game and Fish Department (AZGFD) or Arizona State Historic
Preservation Office (AZSHPO). In the event comments are received from AZGFD or
AZSHPO, the owners/developer will coordinate accordingly. Currently there are no known
substantial flood zones, floodways, historic washes, or natural water systems onsite.
4. Consistency With Overall Intent of Comprehensive Plan
The proposed CPA remains consistent with the overall intent of the existing Comprehensive Plan.
The anticipated development will not negatively impact the rural lifestyle existent in the area. In
addition, within Maricopa County there are several instances of Industrial designated land existing
directly adjacent to Rural designated land. The current existence of these adjacent land uses in other
areas of the County proves to proposed CPA creates land use compatibility common within the County
already. As mentioned herein, Parcels 504-12-007 & -008 are zoned IND-2 in Maricopa County.
5. Consistency With Comprehensive Plan Goals and Policies
Several goals and policies have been established within the Tonopah/Arlington Area Plan and Vision
2030 Comprehensive Plan to help guide future development within Maricopa County. The Project
considers these goals and policies currently set forth within both plans.
A. Tonopah/Arlington Area Plan
Land Use
Goal
Promote efficient land development that is compatible with adjacent land uses, is well integrated with
the transportation system, and is sensitive to the natural environment.
Tonopah/Arlington Objective L.1
Create orderly, efficient, and functional development patterns.
Create high quality residential, commercial, and industrial land developments that are
compatible with adjacent land uses.
Response:
The proposed CPA anticipates the development of a high-quality industrial site, likely resulting in
a distribution center as the end user. Throughout the County Industrial land use exists adjacent to
Rural land uses. The proposed CPA will result in land use compatibility that has been shown to be
desirable by the County.
Tonopah/Arlington Objective L.3
Minimize conflicts between urban and rural land uses.
Response:
There is currently very sparse development adjacent to the Project. The Project is located in a rural
area with no nearby urban land uses. Approval of the proposed CPA will not create any conflicts
between rural and urban land uses.
7
Transportation
Goal
Provide an efficient, cost-effective, integrated, accessible, environmentally sensitive, and safe
countywide multi-modal system that addresses existing and future roadway networks, as well as
promotes transit, bikeways, and pedestrian travel.
Tonopah/Arlington Objective T.1
Establish a circulation system that provides for the safe, convenient, and efficient movement of
goods and people throughout Maricopa County.
Response:
The portion of Interstate 10, approximately 1 mile north of the Project, handles around 50,000
vehicle trips daily, with 16% - 30% of those trips being semitruck distribution. Future development
on the site will entail right-of-way improvements and/or expansion to adjacent roadways.
Roadway expansion and improvements will create smoother circulation and reduce traffic
conflicts.
Environmental
Goal
Promote development that considers adverse environmental impacts on the natural and cultural
environment, preserves highly valued open space, and remediates areas contaminated with
hazardous materials.
Tonopah/Arlington Objective 1
Encourage developments that are compatible with natural environmental features and which do
not lead to their destruction.
Tonopah/Arlington Objective 2
Protect and preserve existing water resources and minimize flood hazards.
Tonopah/Arlington Objective 3
Preserve existing habitat areas of threatened or endangered wildlife and/or desert plant species.
Response:
The Project will comply with any policies set forth by the organizations responsible for the
regulation and/or preservation of the above-mentioned site features.
Economic Development
Goal
Promote a growing balanced, efficient, and diversified economy, consistent with available resources,
that enhances quality employment opportunities, improves quality of life, and is sensitive to the
natural and cultural environment.
Tonopah/Arlington Objective 1
Permit major commercial and job employment centers where the labor force and infrastructure
8
exist or are planned.
Policy ED1.7 Require that future industrial and commercial development be adequately screened
from public view.
Response:
The Project will provide landscaping around its perimeter to help provide screening from public
view.
B. Maricopa County Vision 2030 Comprehensive plan
Land Use
The Vision 2030 CP seeks functional, balanced, efficient, and economically sound land use patterns to
shape the future of Maricopa County. 355th Ave. and Van Buren supports the following land use goals
and policies established in the CP.
Land Use Goal #1
Achieve balanced and efficient development patterns.
Land Use Policy #17:
Maricopa County supports balanced land use patterns that
include various residential, retail, non-retail employment, and
public and civic land uses.
Response:
The proposed CPA will help introduce non-retail employment to
the area. If the developed as a distribution center, it is anticipated
that the site could create over 5,000 jobs, on-site and in the
surrounding area. These added employment opportunities, often
accompanied by higher wages, will benefit the entire area.
Transportation
The transportation element of the Vision 2030 CP seeks to create a connected and efficient
transportation system for the region, while positively impacting the economy and air quality.
Transportation Goal #2
Contribute to a safe, seamless, and effective transportation system.
Transportation Policy #2
Maricopa County supports compliance with its Major
Streets and Routes Plan.
Response:
The proposed CPA will comply with The Major Streets and
Routes Plan by allocating 75’ of half right-of-way from
the centerline of 355th Avenue, east, onto the property,
and 75’ of half right-of-way from the centerline of Van
Buren Street, north, onto the property. This half right-of-
way dedication for 355th Avenue and Van Buren Street
will allow for the future full ‘Rural Principal Arterial‘ width
of 150’.
9
Transportation Goal #4
Have a comprehensive transportation system that focuses on Transportation Systems
Management and Operations to help reduce air pollution and promote efficient traffic movement
and economic growth.
Transportation Policy #9
Maricopa County supports balanced and efficient land
use patterns that reduce the number and length of
vehicle trips.
Response:
The Project’s location, approximately 1 mile south of
Interstate 10, will help reduce the overall length of
vehicle trips. If ultimately developed as distribution
center majority of vehicle trips will take place within
approximate 1 mile between the Project and I-10.
Reduced length of vehicle trips contributes to the
reduction of air pollution.
Environment
To lessen the impact of development on the environment, the Vision 2030 CP outlines goals and
policies focusing on air quality, water quality, wildlife protection, natural and cultural resources, and
natural and human-caused hazards. The following demonstrates how the Project seeks to support the
specific environmental goals and policies listed in the CP.
Environment Goal #1
Provide regional leadership to promote all aspects of regional environmental quality.
Environment Policy #2
To help improve air quality Maricopa County supports
balanced and efficient land use patterns where
employment, retail and residential land uses are
proximate rather than separate.
Response:
The Project’s proximity to Interstate 10 provides benefits
to environmental quality. Minimizing travel distance
between the Project and I-10 will promote better air
Economic Growth
Economic development and growth are vital to the longevity and resiliency of a community. Diverse
economic opportunities allow for a community to grow and thrive in a multitude of ways. The
following goals and policies are supported by the Project.
Economic Growth Goal #1
Contribute to an effective regional economy.
10
Economic Growth Policy #3:
Maricopa County supports increasing entrepreneurial
activities and business formation.
Response:
The proposed CPA will provide a land use designation
able to accommodate a range of businesses, currently
not permitted under the Rural 0-1 densities land use
designation.
Economic Growth Policy #5:
Maricopa County supports programs that attract a
variety of Basic Sector industry clusters that have long-
term, stable growth prospects.
Response:
The proposed CPA will result in a land use change
allowing for the potential development of Basic Sector
industries. Future development on the site could
potentially result in more than 5,000 new jobs for the
area.
Economic Growth Policy #6
Maricopa County supports efforts to recruit prospective
businesses and industries to the county, and efforts to
retain existing businesses and industries.
Response:
Following the approval of the proposed CPA, the
permitted land uses could potentially attract long term
businesses or industries. If the site ultimately develops as
a distribution center it is estimated that more than 5,000
jobs could be brought to the area.
Cost of Development
The cost of development can significantly impact the community. The Project intends to absorb all
required costs of development, so not to burden the community financially. The Project supports the
goals and policies listed below.
Cost of Development Goal #2
New development pays its proper and reasonable share of the costs of new infrastructure,
services, and other public improvements.
Cost of Development Policy #1 Maricopa County supports recouping the costs of its
products and services without unfairly burdening those
most in need of its products and services.
Response:
The end developer will be responsible for the cost of
construction and development.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
S u b d i vi s io n @ m a ri co p a .go v
e s d .m a r i c o pa .g o v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Comprehensive Plan Amendment to change the land use designation. planning
case(s). Please note the following MCESD requirements for site development:
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic)
system is required for any construction. Application must be submitted to the MCESD
Onsite Wastewater Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
A will serve letter issued by the Utility is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program if the site/development will be provided with water
and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is
required to MCESD’s Subdivision & Infrastructure Program if the site/development
wastewater service is being provided by a Utility.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Project Name: Comprehensive Plan
Amendment to change the land use
designation.
Primary Contact Name: Zack Pebler
Planning Application Type: CPA
APN(s): 506-34-015M
Reviewer: Souren Naradikian, P.E.
Email: Souren.Naradikian@maricopa.gov
Phone: 602-372-2907
Planner Name: Paola Jaramillo
Planning Case #: CPA2023008
Date: April 27, 2023
Water and Waste Management Division
Page | 2
Additional Notes –
Environmental Services does not require these items for condition of approval of CPA2023008 ,
however these items must be addressed with the development of the site. Environmental Services
does not require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Page 1 of 3
Revised 3/1/23
Anh Harambasic, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-3611
www.maricopa.gov/planning
Email address:
anh.harambasic@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
May 15, 2023
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Paola Jaramillo, Planner, Planning & Development Services
From:
Anh Harambasic, P.E., Plans Reviewer Engineer, Planning &
Development Services
via:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Subject:
Z2023047 - Zone Change (RU-43 to IND-1) accompanying case
CPA2023008. (E1 Memo)
Job Site Address: NEC 355th Ave and Van Buren Street
APN(s):
504-11-012
This application is to specify zoning for future development and does not include a
Plan of Development. Zone change from RU-43 to IND-1
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the Zone Change application routed for review on April 27, 2023, and
has no objections subject to the following conditions:
Development-
1. Any new site improvements will require a Plan of Development (POD). Without
the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed
building lots/units, drainage design, access and roadway alignments. These
items will be addressed as development plans progress and are submitted to
the County for further review and/or entitlement.
2. Engineering review of re-zone cases is conceptual in nature. All development
and engineering design shall be in conformance with Section 1205 of the
Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
Page 2 of 3
Planning & Development
Engineering Plan Review
Drainage Plan Review Comments (New Development)
3. A Grading and Drainage Plan is required. The Maricopa County Zoning Ordinance
(MCZO) requires that all commercial submittals be prepared by a Civil Engineer
registered in the State of Arizona. (MCZO 1205.7.2)
4. Provide the required retention volume for the 100 year, 2 hour storm event,
plus one (1) foot of freeboard, for the POD area. Provide documentation that
the retention basin(s) will drain within 36 hours. (MCZO 1205.7.6-2.a & c)
5. Provide a run off coefficient based on Table 6.3 of the Maricopa County
Drainage Policies and Standards. Use 0.95 for commercial/industrial.
6. See https://apps.pnd.maricopa.gov/plansubmittalchecklist for the most up to
date interactive Engineering Plan Review checklist. (Please be sure to check
commercial and all related grading related matters so the checklist expands
properly).
Flood Control District Review Comments (New Development)
7. The site contains a regulated floodplain (FEMA Zone AE – Phillips Wash).
Disturbance to the floodplain will require procurement of a floodplain use permit
concurrent with the building permit(s).
PND Transportation Review Comments (New Development)
8. A Traffic Study must be submitted with future entitlement (i.e. Plan of
Development) applications. See following link to MCDOT Traffic Impact Manual.
(RDM 7.1.4) http://www.maricopa.gov/DocumentCenter/View/303.
9. Road improvements will be required per the MCDOT approved TIS. Roadway
improvements and work within MDOT Right of Way will require procurement of
MCDOT ROW Permit and an assurance bond for costs of all construction within
ROW.
10. 355th Avenue and Van Buren Street are County roadways (arterial alignments).
This zone change will be conditioned on 65’ half street right-of-way (R/W)
dedication for both arterial alignments (as part of future entitlement
applications and prior to issuance of any building permits.
11. The development site is bordered by two (2) midsection alignments (351st Ave
and Roosevelt Street). Dedication of 40 feet of R/W may be required along
these alignments unless determined otherwise by MCDOT Planning. Contact
Page 3 of 3
Planning & Development
Engineering Plan Review
Lynndsay O’Neill (lynndsay.oneill@maricopa.gov) for more information. (MCZO
1104)
12. Per Maricopa County Zoning Ordinance Section 1105 building setbacks are
required to start from a future half street right-of-way of 40’ unless otherwise
waived by MCDOT Planning.
All plans and reports should be developed and formatted to document that the
project is designed to meet all County regulations, ordinances and design standards.
It is incumbent upon the engineer to demonstrate compliance with all regulatory
requirements and County design standards.
DATE:
September 14, 2023
TO:
Planning & Zoning Commission
From:
Darren Gérard, AICP Planning Manager
SUBJECT:
CPA2023008 & Z2022110 – NEC 355th Ave. & Van Buren Street
Agenda Item: #2 and #3
Since the publishing of the staff report, staff received one letter of support from a resident. The
letter stated that they believe this proposal will not be burdensome and will be compatible with
the local area.
Attachments:
9-12-23 Support Letter (1 page)
STATEMENT OF SUPPORT
“NEC 355th Ave. & Van Buren”
I am in support of the proposed Comprehensive Plan Amendment and Zone Change
request for approximately 153 gross acres located at the northeast corner of 355th Avenue and
Van Buren in Maricopa County (Tonopah), AZ. It is my understanding that the Comprehensive
Plan Amendment and Zone Change request, if approved, will allow the land to be designated in
the Maricopa County Comprehensive Plan 2030 as “Miscellaneous Retail” and the subsequent
Zone Change from RU-43 to IND-1 Planned Industrial Zoning District” to make way for the
future development of a quality industrial project.
I have taken the time to review and understand the proposed project and Comprehensive
Plan Amendment and Zone Change. I am a homeowner adjacent to the project site. I believe
the proposal and design will not cause burden and fits appropriately with the existing
development in the area.
Signature _____________________________________________________________________
Printed Name __________________________________________________________________
Street Address__________________________________________________________________
City_________________________ Zip Code_________________________
Phone Number_______________________________________________________
Email_________________________________________________________________________
Date_________________________
Laura Binder
35040 & 35032 W. Van Buren St
Tonopah
85354
505-239-0796
walkerlaura12@yahoo.com
9/4/2023
DocuSign Envelope ID: FE1A71A9-0278-44A8-BA7C-C597D39EF78C